What Happens During the Probate Process in Maryland?

When a loved one passes away, you may feel overwhelmed with your emotions and having to handle their estate. If you were chosen to administer the estate, you may have to go through the probate process. Learn more about these proceedings and how an experienced Montgomery County probate attorney at JD Katz, PC can help you navigate it.

What is the purpose of the probate process in the state of Maryland?

In the state of Maryland, the purpose of the probate process is to prove that the will is valid and enforceable. Probate matters are handled in Orphans’ Court, and this is only necessary if the decedent’s property was only in their name and not jointly owned by a survivor. Nevertheless, if the individual had a will at the time of their death but there are not any assets solely in their name, the will does not have to go to probate.

What is a simplified probate proceeding?

The state of Maryland allows for a simplified probate proceeding under certain circumstances. For example, if the assets that are required to go through probate are valued at less than $30,000, this will be considered a small estate. Therefore, these estates can typically be closed within two months because no inventory has to be filed and the Orphans’ Court does not need to approve Administration Accounts.

Additionally, if you are a surviving spouse who is receiving assets worth less than $50,000, you may be able to opt for this process.

Lastly, you may be allowed to avoid the Orphan’s Court and close the individual’s estates within 10 months if you qualify for the“Modified Estate Administration” procedure.

What is the probate process in the state of Maryland?

The probate process can be lengthy and complex. Below is a comprehensive list of steps that you may follow:

  1. You and your attorney will file the decedent’s will in the Register of Wills in the county where the decedent lived at the time of their passing.
  2. As the estate’s personal representative, you will file a petition for probate and supplementary forms at the Register of Wills.
  3. You will locate all beneficiaries of the will.
  4. You will identify all remaining creditors and pay off all outstanding debts.
  5. You will create an account of all assets included in the will.
  6. You will distribute those assets to all beneficiaries included in the will.
  7. You and your attorney will file a Certificate of Compliance to close out the estate.

If you require further assistance with the probate process, do not hesitate in consulting with a Montgomery County estate planning attorney today.

Contact our experienced Maryland firm

Our firm has experience with matters of estates & elder law, business law, tax law, and litigation. Contact JD Katz, PC today for assistance.